We, the Bikeline GmbH, Roennebergstr. 17, 12161 Berlin, are the operators of this website and therefore responsible for the collection, processing and use of personal data in the sense of the data protection basic regulation (DSGVO) in accordance with the country-specific valid data protection regulations. The proper handling of your personal data is of particular concern to us. With the following information we would like to give you as a “visitor to our website” an overview of the processing of your personal data by us and your rights under the data protection laws.
It is generally possible to use our website without entering personal data. If you wish to make use of special services of our company via our website, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we will generally obtain your consent.
1 DEFINITIONS OF TERMS
“Personal data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
A “data subject” is any identified or identifiable natural person whose personal data are processed by the person responsible (in our case, Bikeline GmbH).
Processing” means any operation, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction, of personal data.
Restriction of processing
Restriction of processing’ is the marking of stored personal data with the aim of limiting their processing in the future.
“profiling” means any automated processing of personal data carried out in order to analyse, predict and process certain personal aspects relating to a natural person, such as job performance, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location
Pseudonymisation’ processes personal data in such a way that these data can no longer be attributed to a specific data subject without additional information, provided that this additional information is kept separately.
Processor’ means any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller
Recipient’ means any natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party However, authorities which may receive personal data in the course of a specific investigation, in accordance with Union or national law, shall not be considered as recipients.
Third party” means any natural or legal person, public authority, agency or any other body other than the data subject himself/herself, the controller or the processor, including persons who, under the direct authority of the controller or the processor, are authorized to process the personal data
Consent’ shall mean any freely given specific and unambiguous indication of the data subject’s wishes, in an informed and specific case, in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her agreement to the processing of his or her personal data.
2 LEGAL BASIS
Art. 6 I lit. a DSGVO serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose.
If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, the processing is based on Art. 6 I lit. b DSGVO. The same applies to such processing operations which are necessary for the performance of pre-contractual measures, for example in cases of inquiries about our products or services.
Insofar as processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis.
If vital interests of the person concerned or of another natural person make it necessary to process personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.
Ultimately, processing operations could be based on Art. 6 I lit. f FADP. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail.
3 DATA COLLECTION
When you visit our website for information purposes, without using the contact form or newsletter registration, we only collect data that your browser transmits to our server (in so-called “server log files”). Our website collects a number of general data and information every time you or an automated system calls up a page. This general data and information is stored in the server log files.
The following information is recorded without your intervention and stored until it is automatically deleted:
the IP address of the requesting computer;
- the date and time of access;
- the name and the URL of the accessed file;
- the website from which the access takes place;
- the operating system of your computer and the browser you use;
- the name of your Internet access provider.
This data is collected and processed for the purpose of enabling the use of our website (connection establishment), to permanently guarantee system security and stability, to enable the technical administration of the network infrastructure and the optimisation of our Internet offer, as well as for internal statistical purposes. The IP address is only evaluated in case of attacks on our network infrastructure and for statistical purposes. The legal basis for data processing is Art. 6 Paragraph 1 S. 1 lit. f DS-GVO. Our legitimate interest follows from the above-mentioned purposes for data collection.
Bikeline GmbH will inform you at any time on request about which of your personal data is stored. Furthermore, we will correct or delete personal data on request or notification, as long as this does not conflict with any legal storage obligations. All our employees are available to you as contact persons in this context.
3.1 Use of the contact forms
You can send order enquiries about our products and general enquiries using the contact forms provided on our website. For this purpose, it is necessary to provide your name, a valid e-mail address and telephone number, as well as details of the desired product and, if applicable, the desired individualisation in the case of order enquiries. Further information can also be provided voluntarily. If you contact us by e-mail or via a contact form, the personal data you provide will be stored automatically. The personal data you provide voluntarily will be stored for the purpose of processing or contacting you. The legal basis for the storage of data is Art. 6 para. 1 lit. a DSGVO. This personal data will not be passed on to third parties unless you decide to purchase a product and expressly consent to the passing on of the data for the purpose of processing the purchase.
The collection of this data is done in order to know from whom an inquiry originates and to be able to answer it in the way you want (by mail, telephone or e-mail).
3.2 Pasculli Newsletter
If you have voluntarily and explicitly registered for the Pasculli newsletter with your name and e-mail address, we will use your e-mail address to send you news about Pasculli.
We inform our customers at regular intervals by means of a newsletter about special offers and innovations relating to the Pasculli brand. The newsletter can only be received by you if you have a valid e-mail address, have registered for the newsletter mailing list, and are using the double opt-in procedure (a confirmation e-mail is sent to the e-mail address you first registered for the newsletter mailing list. To complete the newsletter registration, click on the link contained in the email to confirm that you are the owner of the email address and have authorized the receipt of the newsletter) have confirmed your email address.
When registering for the newsletter, we also save the IP address assigned by the Internet Service Provider (ISP) of the computer system used by the person concerned at the time of registration as well as the date and time of registration. The legal basis for the storage of the data is Art. 6 para. 1 lit. a DSGVO. The collection of this data is necessary in order to be able to trace the possible misuse of the e-mail address of a person concerned at a later date and therefore serves as a legal safeguard.
You can cancel your subscription to our newsletter at any time. The consent to the storage of personal data, which you have given us for the newsletter dispatch, can be revoked at any time. At the end of each newsletter you will find a link with which you can cancel the newsletter at any time. You can also unsubscribe from the newsletter at any time by sending an e-mail to firstname.lastname@example.org.
Our newsletters contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. By means of the embedded pixel-code, we can see whether and when an e-mail was opened and which links in the e-mail were called up. Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by us in order to optimise newsletter dispatch and to adapt the content of future newsletters even better to your interests. The legal basis for the temporary storage of data is Art. 6 Para. 1 lit. f DSGVO. This personal data will not be passed on to third parties. You are entitled at any time to revoke the separate declaration of consent given in this regard using the double opt-in procedure. After a revocation these personal data will be deleted by Bikeline GmbH. A cancellation of the receipt of the newsletter is automatically interpreted as a revocation.
We use CleverReach for sending newsletters. The provider is CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede. With this service, we can organize and analyze the sending of newsletters. The data you enter to receive the newsletter, such as your e-mail address, is stored on the CleverReach servers. Server locations are Germany or Ireland.
Sending the newsletter with CleverReach allows us to analyze the behavior of the newsletter recipient. The analysis shows, among other things, how many recipients have opened their newsletter and with what frequency links in the newsletter were clicked. CleverReach supports conversion tracking in order to analyze whether a previously defined action, such as a product purchase, took place after clicking on a link. Details about data analysis by CleverReach can be found at: https://www.cleverreach.com/de/funktionen/reporting-und-tracking/.
The data processing is based on your consent (Art. 6 para. 1 lit. a DSGVO). A revocation of your already granted consent is possible at any time. For the revocation, an informal notification by e-mail is sufficient or you unsubscribe via the “unsubscribe” link in the newsletter. The legality of the data processing procedures already carried out remains unaffected by the revocation.
4 USE OF PERSONAL DATA
Your personal data will only be used in the event that a contractual relationship expressly requested by you is established and implemented. The following data may be required for this:
- We need your name and address to know who our contractual partner is, i.e. to whom we provide and invoice our services.
- We need your contact data (e-mail address and telephone number) in order to send you your personal offer and also for further inquiries.
- Your e-mail address is used to receive our newsletter, if you are a subscriber to the newsletter.
6 WEB ANALYSIS SERVICES – GOOGLE ANALYTICS
On our websites we use Google Analytics, a web analysis service of Google Inc. (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”). In this context, pseudonymised user profiles are created and cookies (see section 4) are used. The information generated by the cookie about your use of this website such as
- Browser type/version,
- the operating system used,
- Referrer URL (the previously visited page),
- Host name of the accessing computer (IP address),
- Time of the server request,
are transmitted to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on the website activities and to provide further services associated with the use of the website and the Internet for the purposes of market research and the design of these Internet pages in line with requirements. This information may also be transferred to third parties if required by law or if third parties process this data on our behalf. Under no circumstances will your IP address be merged with other Google data. The IP addresses are made anonymous, so that an assignment is not possible (IP masking).
The use of Google Analytics is in the interest of the optimization and needs-based design of our website. This represents a legitimate interest in the sense of Art. 6 Para. 1 lit. f DSGVO.
You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de).
The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you will have to set the opt-out cookie again. You can find further information on data protection in connection with Google Analytics in the Google Analytics Help (https://support.google.com/analytics/answer/6004245?hl=de).
7 FACEBOOK CUSTOM AUDIENCE
We have also integrated the remarketing function “Custom Audiences” of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”) on our website. This enables us to provide interest-based advertisements (“Facebook Ads”) to users of our website when they visit the social network Facebook or other websites that also use the process. For this marketing function, we use the “Facebook pixel” on our website, i.e. so-called tracking pixels are integrated on our pages. When you visit our website, a direct connection between your browser and the Facebook server is established via this counting pixel. Facebook thereby receives information from your browser that our website has been accessed from your end device. We would like to point out that we have no influence on the scope of the data transmitted and its further use by Facebook and therefore inform you according to our state of knowledge: By integrating Facebook Custom Audiences, Facebook receives the information that you have called up the corresponding website or clicked on an advertisement from us. If you are registered with a Facebook service, Facebook can assign the visit to your account. Even if you are not registered with Facebook or have not logged in, there is a possibility that the provider will find out and store your IP address and other identifying features.
You can object to the use of Facebook Website Custom Audiences for the future at any time via https://www.facebook.com/settings/?tab=ads.
For more information on data protection and your options for settings in this regard, please visit https://www.facebook.com/settings/?tab=ads and https://www.facebook.com/about/privacy.
8 PLUG-INS & OTHER SERVICES
8.1 Google Maps
On our website we use Google Maps (API) from Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Maps is a web service for displaying interactive (land) maps to visually present geographical information. By using this service, you can, for example, see our location and make it easier for you to find us.
Already when you call up those sub-pages in which the Google Maps map is integrated, information about your use of our website (such as your IP address) is transmitted to Google servers in the USA and stored there. This happens regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in at Google, your data will be assigned directly to your account. If you don’t want to be associated with your Google profile, you must log out of your Google Account. Google stores your data (even for users who are not logged in) as user profiles and evaluates them. Such evaluation is carried out in particular in accordance with Art. 6 Para. 1 letter f DS-GVO on the basis of Google’s legitimate interests in the display of personalised advertising, market research and/or the needs-based design of its website. You have a right of objection to the creation of these user profiles, and to exercise this right you must contact Google.
Google LLC, based in the USA, is certified for the US-European data protection agreement “Privacy Shield”, which guarantees compliance with the data protection level applicable in the EU.
The use of Google Maps is in the interest of an attractive presentation of our online offers and easy findability of the locations we have indicated on the website. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f DS-GVO.
8.2 Google reCAPTCHA
On this website we also use the reCAPTCHA feature of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). This function is mainly used to distinguish whether an entry is made by a natural person or is abusive through automatic and automated processing. The service also includes the sending of the IP address and any other data required by Google for the reCAPTCHA service to Google and is carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our legitimate interest in determining the individual willingness of actions on the Internet and the prevention of misuse and spam.
8.3 Google Tag Manager
Our website uses Google Tag Manager, a cookie-less domain that does not collect personal information. Through this tool, “website tags” (i.e. keywords that are embedded in HTML elements) can be implemented and managed through an interface. By using Google Tag Manager, we can automatically track which button, link or personalized image you have actively clicked on and can then record which contents of our website are of particular interest to you. The tool also triggers other tags, which in turn may collect data. Google Tag Manager does not access this data. If you have disabled it at the domain or cookie level, it will remain disabled for all tracking tags implemented with Google Tag Manager.
The use of Google Tag Manager is in the interest of a comfortable and easy use of our website. This represents a legitimate interest in the sense of Art. 6 Para. 1 lit. f DS-GVO.
8.4 YouTube (videos)
We have integrated components from YouTube on this website. YouTube is an Internet video portal that allows video publishers to post video clips for free and other users to view, rate and comment on them, also free of charge. YouTube allows the publication of all types of videos, which is why complete film and television programs, but also music videos, trailers or videos created by users themselves can be accessed via the Internet portal.
YouTube is operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
Each time you call up one of the individual pages of this website, which is operated by us and on which a YouTube component (YouTube video) has been integrated, the Internet browser on your IT system is automatically prompted by the respective YouTube component to download a display of the corresponding YouTube component from YouTube. More information about YouTube can be found at https://www.youtube.com/yt/about/de/. As part of this technical process, YouTube and Google are informed which specific subpage of our website you are visiting.
If the person concerned is logged on to YouTube at the same time, YouTube will recognize which specific page of our website you are visiting by calling up a page containing a YouTube video. This information is collected by YouTube and Google and assigned to your YouTube account. YouTube and Google receive information via the YouTube component that you have visited our website whenever you are logged in to YouTube at the same time you access our website, regardless of whether you click on a YouTube video or not. If you do not want this information to be sent to YouTube and Google, you can prevent it from being sent by logging out of your YouTube account before you visit our website.
YouTube is used in the interest of convenient and easy use of our website. This represents a legitimate interest in the sense of Art. 6 Para. 1 lit. f DS-GVO.
The data protection regulations published by YouTube, which can be accessed at https://www.google.de/intl/de/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.
9 SOCIAL MEDIA PLUG-INS
We use social media plug-ins from the social networks Facebook and Instagram on our website. The responsibility for data protection compliant operation is to be guaranteed by their respective providers. The integration of these plug-ins by us is carried out in such a way that the data protection of the users is guaranteed as comprehensively as possible.
A social network is a social meeting place operated on the Internet, an online community that generally enables users to communicate with each other and interact in virtual space. A social network can serve as a platform for the exchange of opinions and experiences or enables the Internet community to provide personal or company-related information. Facebook enables users of the social network to create private profiles, upload photos and network via friendship requests, among other things
It also explains which setting options Facebook offers to protect your privacy. In addition, various applications are available that allow you to suppress data transmission to Facebook. Such applications can be used by the person concerned to suppress data transfer to Facebook. If you do not want Facebook to be able to assign visits to our pages to your Facebook user account, please log out of your Facebook user account.
We have integrated on website components of the service Instagram. Instagram is a service that qualifies as an audiovisual platform and allows users to share photos and videos and also to distribute such data in other social networks.
The operating company of Instagram services is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.
Each time a user accesses one of the individual pages of this website, which is operated by the data controller and on which an Instagram component (Insta Button) has been integrated, the Internet browser on the user’s information technology system is automatically prompted by the respective Instagram component to download a part of the corresponding component of Instagram. As part of this technical process, Instagram is informed which specific subpage of our website you are visiting.
If you are logged in to Instagram at the same time, Instagram will recognize which specific subpage you have visited each time you access our website and for the entire duration of your stay on our website. This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the user. If you click on one of the Instagram buttons integrated on our website, the data and information transferred with it will be assigned to your personal Instagram user account and stored and processed by Instagram.
10 YOUR RIGHTS AS A DATA SUBJECT
In the following, we present your rights as a data subject.
10.1 Right to confirmation
You have the right to ask us, Bikeline GmbH, to confirm whether personal data concerning you is being processed.
10.2 Right to information Art. 15 DSGVO
You have the right to receive free information from us at any time about the personal data stored about you and a copy of this data.
10.3 Right to correction Art. 16 DSGVO
You have the right to request the correction of incorrect personal data concerning you. The data subject also has the right to request the completion of incomplete personal data, having regard to the purposes of the processing.
10.4 Deletion Art. 17 DSGVO
You have the right to demand from us that personal data concerning you be deleted immediately if one of the reasons provided by law applies and if the processing is not necessary.
10.5 Restriction of processing Art. 18 DSGVO
You have the right to demand that we restrict processing if one of the legal requirements is met.
10.6 Data transferability Art. 20 DSGVO
You have the right to receive your personal data, which has been voluntarily provided to us, in a structured, common and machine-readable format. You also have the right to have this data communicated to another person in charge, without hindrance from us, to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Art. 6 paragraph 1 letter a DSGVO or Art. 9 paragraph 2 letter a DSGVO or on a contract pursuant to Art. 6 paragraph 1 letter b DSGVO, and provided that the processing is carried out with the aid of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority delegated to us.
Furthermore, when exercising your right to data transferability in accordance with Art. 20 Paragraph 1 DS-GVO, you have the right to request that personal data be transferred directly from one responsible party to another, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons.
10.7 Opposition Art. 21 DSGVO
You have the right to object at any time, for reasons arising from your particular situation, to the processing of your personal data pursuant to Article 6(1)(e) (data processing in the public interest) or (f) (data processing based on a balancing of interests) of the DPA.
This also applies to profiling based on these provisions within the meaning of Art. 4 No. 4 DSGVO. If you lodge an objection, we will no longer process your personal data unless we can prove that there are compelling legitimate reasons for processing which outweigh your interests, rights and freedoms or which serve to assert, exercise or defend legal claims. In individual cases we process personal data for the purpose of direct advertising. You may at any time object to the processing of personal data for the purpose of such advertising. This also applies to profiling, insofar as it is connected with such direct advertising. If you object to our processing for the purposes of direct marketing, we will no longer process your personal data for these purposes.
In addition, you have the right to object, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out by us for the purposes of scientific or historical research or for statistical purposes in accordance with Art. 89, para. 1 of the DSGVO, unless such processing is necessary for the performance of a task carried out in the public interest. In connection with the use of information society services, they are free to exercise their right of objection by means of automated procedures involving technical specifications, notwithstanding Directive 2002/58/EC.
10.8 Revocation of a data protection consent
You have the right to revoke your consent to the processing of personal data at any time with effect for the future.
10.9 Complaint to a supervisory authority
You have the right to complain to a supervisory authority responsible for data protection about our processing of personal data.
11 ROUTINE STORAGE, DELETION & BLOCKING OF PERSONAL DATA
We process and store your personal data only for the period of time required to achieve the purpose of storage or if this is provided for by legal regulations to which our company is subject. If the purpose of storage ceases to apply or if a prescribed storage period expires, the personal data will be blocked or deleted routinely and in accordance with the statutory provisions.
12 DURATION OF STORAGE OF PERSONAL DATA
The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of this period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment of the contract or the initiation of a contract.
13 UPDATE AND AMENDMENT OF THE DATA PROTECTION DECLARATION